QUESTION
Divorce agreement / Stipulations. Can't afford above Child Support and Maintenance
Asked on Dec 16th, 2014 on Divorce - New York
More details to this question:
I pay Child Support and Maintenance on time each week. In the divorce I am supposed to pay 82% of childcare. And she thinks I have to pay for all other activities she has the kids in. The problem is. I can't afford to pay anything above CS and Maint. Rent, car, insurance, food and gas. Can't afford to do anything with my boys on my weekends. Can't afford clothes for me. I can back this up with proof of bills and my take home after taxes and paying out support. She lives rent free in my house which I will be losing to foreclosure and will be responsible for any $ that comes with that. She works as well while the boys are in school. Maintenance is for 5 years of a 7 year marriage. My question is this. What can I do to have the length of maintenance reduced? What can I do to limit anything I pay before maintenance ends? Want her to use the money she gets from me on the kids and these over and above costs. Desperate since Homeless and jobless is in my future if I pay all.
1 ANSWER
The first question is: why can't you afford the spousal support costs. The second is: what kind of an order requires you to pay them.
If it's a settlement agreement you have to show unanticipated and substantial change in circumstances and you have to do so in the context of a plenary action in State Supreme Court.
Answered on Dec 29th, 2014 at 9:05 PM